A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2007, the Defendant stated that “The Defendant has the business right of the construction of the main apartment complex to be constructed in Gwanak-gu in Seoul Special Metropolitan City E, and if the Defendant lent KRW 15 million to the Seoul Special Metropolitan City, he would make an apartment free of charge and complete payment by March 15, 2008.”

However, in fact, although the defendant tried to accept the business right of the above new apartment construction, he was in a state of cancellation of the contract due to the failure to pay down payment, and even if he borrowed the money from the victim, he was thought to use it as another business expense, and did not have any intention or ability to pay the apartment

The Defendant, as such, deceiving the victim and deceiving him from the victim, to the Agricultural Cooperative Account under the name of the Defendant on January 2, 2008, 6 million won, and the same month.

3. It received 8.5 million won in total from the same account and 4.5 million won in the name of F to the account in the name of F, etc.

Summary of Evidence

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes on a copy of business license transfer and takeover contract, a written waiver of construction, written confirmation of sale, and passbook copy;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the amount of damage and the fact that the accused has only one previous criminal record);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;